[Federal Register Volume 88, Number 31 (Wednesday, February 15, 2023)]
[Notices]
[Pages 9863-9865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03156]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-874]


Certain Steel Nails From the Republic of Korea: Final Results of 
Antidumping Duty Administrative Review; 2020-2021

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The U.S. Department of Commerce (Commerce) determines Daejin 
Steel Company (Daejin) and Korea Wire Co., Ltd. (KOWIRE), the producers 
and/or exporters subject to this administrative review, made sales of 
certain steel nails (steel nails) from the Republic of Korea (Korea) in 
the United States at prices below normal value (NV) during the period 
of review (POR), July 1, 2020, through June 30, 2021.

DATES: Applicable February 15, 2023.

FOR FURTHER INFORMATION CONTACT: Eva Kim and Reginald Anadio, AD/CVD 
Operations, Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-8283 or (202) 482-3166, 
respectively.

[[Page 9864]]


SUPPLEMENTARY INFORMATION: 

Background

    On August 4, 2022, Commerce published the Preliminary Results of 
this administrative review and we invited interested parties to 
comment.\1\ On October 31, 2022, in accordance with section 
751(a)(3)(A) of the Tariff Act of 1930, as amended (the Act), Commerce 
extended the deadline for issuing these final results until January 31, 
2023.\2\ A summary of the events that occurred since Commerce published 
the Preliminary Results, as well as a full discussion of the issues 
raised by parties for these final results, are discussed in the Issues 
and Decision Memorandum.\3\
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    \1\ See Certain Steel Nails from the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review and 
Partial Rescission of Antidumping Duty Administrative Review; 2020-
2021, 87 FR 47704 (August 4, 2022) (Preliminary Results), and 
accompanying Preliminary Decision Memorandum.
    \2\ See Memorandum, ``Extension of Deadline for Final Results of 
the 2020-2021 Antidumping Duty Administrative Review,'' dated 
October 31, 2022.
    \3\ See Memorandum, ``Issues and Decision Memorandum for the 
Final Results of Antidumping Duty Administrative Review: Certain 
Steel Nails from the Republic of Korea; 2020-2021,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 4
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    \4\ See Certain Steel Nails from the Republic of Korea, 
Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic 
of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) 
(Order).
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    The product covered by this Order is steel nails from Korea. For a 
complete description of the scope of the Order, see the Issues and 
Decision Memorandum.

Analysis of Comments Received

    All issues raised in the parties' case and rebuttal briefs are 
addressed in the Issues and Decision Memorandum and are listed in the 
appendix to this notice. The Issues and Decision Memorandum is a public 
document and is on-file electronically via Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and 
Decision Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on comments received from interested parties regarding our 
Preliminary Results and our review of the record to address those 
comments, we made changes to the preliminary weighted-average dumping 
margin calculations for Daejin and KOWIRE, as detailed in the Issues 
and Decision Memorandum.\5\
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    \5\ See Issues and Decision Memorandum at Comments 4, 5, 6, 10, 
and 11.
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Rate for Non-Examined Companies

    The Act and Commerce's regulations do not address the establishment 
of a rate to be applied to companies not selected for individual 
examination when Commerce limits its examination in an administrative 
review pursuant to section 777A(c)(2) of the Act. Generally, when 
calculating margins for non-selected respondents, Commerce looks to 
section 735(c)(5) of the Act for guidance, which provides instructions 
for calculating the all-others rate in an investigation. Section 
735(c)(5)(A) of the Act provides that when calculating the all-others 
rate, Commerce will exclude any zero and de minimis weighted-average 
dumping margins, as well as any weighted-average dumping margins based 
on total facts available. Accordingly, Commerce's usual practice has 
been to average the margins for selected respondents, excluding margins 
that are zero, de minimis, or based entirely on facts available. For 
these final results, we have calculated dumping margins for the two 
mandatory respondents, Daejin and KOWIRE, that are above de minimis and 
not based on total facts available. Therefore, in accordance with 
section 735(c)(5)(A) of the Act, Commerce assigned to the companies not 
individually examined (i.e., Je-il Wire Production Co., Ltd. and Koram 
Inc.), listed in the chart below, a margin of 2.64 percent which is the 
simple average of Daejin's and KOWIRE's calculated weighted-average 
dumping margins for these final results.\6\
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    \6\ Commerce was unable to compare a simple average to a 
weighted-average relative to publicly available data because public 
data for volume of U.S. sales were not available for respondents.
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Final Results of Review

    As a result of this review, we determine the following weighted-
average dumping margins exist for the POR:

------------------------------------------------------------------------
                                                               Weighted-
                                                                average
                    Exporter or producer                        dumping
                                                                margin
                                                               (percent)
------------------------------------------------------------------------
Daejin Steel Company........................................        4.52
Korea Wire Co., Ltd.........................................        0.75
Je-il Wire Production Co., Ltd..............................        2.64
Koram Inc...................................................        2.64
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Disclosure

    Commerce intends to disclose the calculations performed for these 
final results within five days of the date of publication of this 
notice in the Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rates

    Commerce has determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with these final results of 
review.\7\ Pursuant to 19 CFR 351.212(b)(1), we calculated importer-
specific ad valorem duty assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
the respondent's weighted-average dumping margin is zero or de minimis 
within the meaning of 19 CFR 351.106(c)(1), or an importer-specific 
assessment rate is zero or de minimis, we will instruct CBP to 
liquidate the appropriate entries without regard to antidumping duties.
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    \7\ See 19 CFR 351.212(b).
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    Commerce's ``automatic assessment'' practice will apply to entries 
of subject merchandise during the POR produced by companies included in 
these final results of review for which the reviewed companies did not 
know that the merchandise it sold to the intermediary (e.g., a 
reseller, trading company, or exporter) was destined for the United 
States. In such instances, we will instruct CBP to liquidate unreviewed 
entries at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction.\8\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication).
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    \8\ For a full discussion of this practice, see Antidumping and 
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 
68 FR 23954 (May 6, 2003).
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Cash Deposit Requirements

    The following deposit requirements will be effective for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of this administrative review, as provided by

[[Page 9865]]

section 751(a)(2)(C) of the Act: (1) the cash deposit rate for the 
companies listed above will be equal to the weighted-average dumping 
margin that is established in the final results of this review; (2) for 
previously investigated or reviewed companies not subject to this 
review, the cash deposit rate will continue to be the company-specific 
rate published for the most recently completed segment of this 
proceeding in which the company participated; (3) if the exporter is 
not a firm covered in this review, a prior review, or the original 
less-than-fair-value (LTFV) investigation, but the producer is, the 
cash deposit rate will be the rate established for the most recently 
completed segment of the proceeding for the producer of the 
merchandise; and (4) the cash deposit rate for all other producers and 
exporters will continue to be 11.80 percent ad valorem, the all-others 
rate established in the LTFV investigation.\9\ These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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    \9\ See Order.
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Notification to Importers Regarding the Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return or 
destruction of APO materials, or conversion to judicial protective 
order, is hereby requested. Failure to comply with the regulations and 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(5) 
and 19 CFR 351.213(h)(1).

    Dated: January 31, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issues

Daejin and KOWIRE

    Comment 1: Whether Commerce's Differential Pricing Analysis Is 
Contrary to Widely Accepted Statistical Principles and Is Not 
Supported By Substantial Evidence

Daejin:

    Comment 2: Whether Commerce Should Allocate Daejin's ``Taxes and 
Dues'' Entirely to General and Administrative (G&A) Expenses
    Comment 3: Whether Commerce Should Include All of Daejin's 
Miscellaneous Losses in G&A Expenses Calculation of the G&A Expense 
Ratio
    Comment 4: Whether Commerce Should Revise its Allocation of 
Miscellaneous Revenue and Depreciation Expenses Within G&A Expenses
    Comment 5: Whether Commerce Should Apply Total Adverse Facts 
Available (AFA) For Daejin's Failure to Report Verifiable and 
Reliable Cost and Sales Data
    Comment 6: Whether Commerce Should Apply Partial AFA to Daejin's 
Dumping Margin
    Comment 7: Whether Commerce Should Clarify Certain Statements In 
Its Verification Report

KOWIRE:

    Comment 8: Whether Commerce Should Find that KOWIRE Failed to 
Report Consistent Data and Apply AFA to KOWIRE
    Comment 9: Whether Commerce Should Continue to Rely on the Cost 
Database Used in the Preliminary Results
    Comment 10: Whether Commerce Should Revise the Inventory 
Carrying Cost Calculation
    Comment 11: Whether Commerce Should Use KOWIRE's Submitted 
Entered Values to Calculate the Importer-Specific Assessment Rate
V. Recommendation

[FR Doc. 2023-03156 Filed 2-14-23; 8:45 am]
BILLING CODE 3510-DS-P